Constitutional Court of the Republic of Azerbaijan

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The Constitutional Court of the Republic of Azerbaijan ( Azerbaijani : Azərbaycan Respublikası Konstitusiya Məhkəməsi ) is the Azerbaijani State Court based in Baku and is part of the jurisdiction of the Republic of Azerbaijan.

The Constitutional Court of the Republic of Azerbaijan monitors compliance with the Constitution of the Republic of Azerbaijan . This applies above all to the enforcement of fundamental rights. All government agencies are obliged to observe the constitution. If there is a dispute, the Constitutional Court can be called upon. His decision is final. It has the option of declaring such acts unconstitutional .

Judge

The constitutional court consists of 9 judges. The President proposes that Parliament appoint the judges of the Constitutional Court. After seven judges have been appointed, the Constitutional Court can begin its work. The term of office is 15 years. Re-election is not permitted. The judges of the Constitutional Court are independent, bound only by the Constitution and Azerbaijani laws, and cannot be removed for the duration of their office.

Working principles

According to Article 4 of the Law on the Constitutional Court , the activity of the Constitutional Court is based on the supremacy of the Constitution of the Republic of Azerbaijan, the principles of independence, collective decision-making and openness. All state organs are bound by its jurisdiction.

Although the Constitutional Court is not a political body, it has political effects.

Competencies

The powers of the Constitutional Court are regulated in the Constitution of the Republic of Azerbaijan. Its tasks and powers are specified in the Law on the Constitutional Court of the Republic of Azerbaijan, which was enacted in 1997 and amended in 2003. The Constitutional Court began its work on July 14, 1998.

decisions

The Constitutional Court of the Republic of Azerbaijan makes decisions on matters within its jurisdiction. The decisions of the Constitutional Court are binding throughout the territory of Azerbaijan.

According to the Constitution of the Republic of Azerbaijan, laws and other acts or their individual provisions as well as agreements concluded between governments of the Republic of Azerbaijan lose their validity at the time specified in the decision of the Constitutional Court, while the intergovernmental agreements of the Republic of Azerbaijan do not come into force.

At the request of the President, the National Assembly, the Cabinet of Ministers, the Supreme Court, the Chief Prosecutor of the Republic of Azerbaijan and the Supreme Assembly of the Nakhichevan Autonomous Republic , the Constitutional Court decides on the following issues:

  • the conformity of the laws of the Republic of Azerbaijan, the decrees and orders of the President, the resolutions of the parliament, the ordinances and orders of the Cabinet of Ministers and the normative legal acts of the central executive bodies of the Republic of Azerbaijan with the Constitution;
  • the conformity of the presidential decrees, the regulations of the Cabinet of Ministers and the normative legal acts of the central executive bodies with the law;
  • the conformity of the regulations of the Cabinet of Ministers and normative acts of the central executive bodies with the decrees of the President of the Republic of Azerbaijan;
  • the conformity of the judgments of the Supreme Court of the Republic of Azerbaijan with the Constitution and laws of the Republic of Azerbaijan in the cases provided for by law;
  • the conformity of the acts of the municipalities with the Constitution and the laws of the Republic of Azerbaijan, the decrees of the President and the regulations of the Cabinet of Ministers of the Republic of Azerbaijan (in the Nakhichevan Autonomous Republic also with the constitution and laws of the Nakhichevan Autonomous Republic and the regulations of the Cabinet of Ministers the Nakhchivan Autonomous Republic);
  • the conformity of intergovernmental agreements of the Republic of Azerbaijan that have not yet entered into force with the Constitution;
  • on the conformity of the treaties concluded between governments with the Constitution and the laws of the Republic of Azerbaijan;
  • the conformity of the Constitution and the laws of the Nakhichevan Autonomous Republic, the resolutions of the Supreme Assembly of the Nakhichevan Autonomous Republic and the regulations of the Cabinet of Ministers of the Nakhichevan Autonomous Republic with the Constitution of the Azerbaijan Republic;
  • the conformity of the laws of the Nakhichevan Autonomous Republic and the regulations of the Cabinet of Ministers of the Nakhichevan Autonomous Republic with the laws of the Azerbaijan Republic;
  • the conformity of the regulations of the Cabinet of Ministers of the Nakhichevan Autonomous Republic with the decrees of the President of the Republic of Azerbaijan and the regulations of the Cabinet of Ministers of the Azerbaijan Republic;
  • the settlement of disputes related to the delimitation of competences between the legislative, executive and judicial powers.

The Constitutional Court interprets the Constitution and laws of Azerbaijan on the basis of requests from the President, the Parliament, the Cabinet of Ministers, the Supreme Court, the Chief Prosecutor of the Republic of Azerbaijan and the Supreme Assembly of the Nakhichevan Autonomous Republic.

Relationship with the President

The Constitutional Court will publish the result of the election to the President of Azerbaijan within 14 days of the voting day. The Constitutional Court officially examines the President's declaration of resignation for authenticity.

If the President is supposed to be incapacitated due to illness, the Constitutional Court will clarify the matter at the request of Parliament. The Constitutional Court takes a decision on this issue with a majority of 6 votes. If the Constitutional Court does not confirm these facts, the question is considered to be settled.

Relationship with parliament

The Constitutional Court examines and confirms the results of the parliamentary elections in Azerbaijan. If after the parliamentary elections the mandates of 83 MPs have not been confirmed by March 10, the Constitutional Court will determine the time for holding the first session of parliament.

The Azerbaijani parliament passed the resolution on the dismissal of judges of the Constitutional Court with a majority of 83 votes.

Parliament also decides on the impeachment of the President of the Republic of Azerbaijan through impeachment on the basis of a motion by the Constitutional Court.

Individual constitutional complaint

Appeal to constitutionally protected rights is possible in Azerbaijan with the Constitutional Court. The constitutional complaint is an extraordinary legal remedy in Azerbaijan with which people can assert a violation of their fundamental rights through acts of state power before the constitutional court.

The constitutional referendum in August 2002 expanded the powers of the Constitutional Court. In addition, after the constitutional amendment, every person was given the opportunity to complain to the Constitutional Court of the Republic of Azerbaijan for normative acts of legislative and executive power, municipalities and judicial decisions that violate their rights and freedoms with the aim of restoring the violated rights and freedoms of people to challenge legally provided channels.

The courts can turn to the Constitutional Court for the interpretation of the Constitution and laws related to the implementation of human rights and freedoms as provided for in the laws of the Azerbaijan Republic.

Restriction

The Constitutional Court is not allowed to pass decisions on amendments to the text of the Constitution made by referendum.

International cooperation

In the form of the Venice Commission, the Council of Europe contributed to the establishment of the Constitutional Court in Azerbaijan through statements, expert meetings and other advisory services.

The Federal Constitutional Court is in professional exchange with the Constitutional Court of the Republic of Azerbaijan. At the invitation of the then President of the Constitutional Court of the Republic of Azerbaijan, Khanlar Hadschiev, a delegation from the Federal Constitutional Court under the leadership of the then President, Hans-Jürgen Papier , visited the Constitutional Court of the Republic of Azerbaijan in Baku from May 7th to 9th, 2003. The President of the Federal Constitutional Court at the time gave a lecture to scientists, students and representatives of public life in Baku on the subject of "the individual complaint to the constitutional court" .

Individual evidence

  1. ↑ a b c d e f Constitution of the Republic of Azerbaijan, Article 130.
  2. ↑ a b c Azərbaycan Respublikası Konstitusiya Məhkəməsi. Retrieved March 1, 2018 .
  3. ^ Constitution of the Republic of Azerbaijan, Article 127.
  4. ↑ Law of the Republic of Azerbaijan on the Constitutional Court, Article 4. № 561-IIQ, Baku December 23, 2003.
  5. ↑ Constitution of the Republic of Azerbaijan, Article 130, Paragraph 9. № 00, Baku November 12, 1995.
  6. ↑ Constitution of the Republic of Azerbaijan, Article 102.
  7. ^ Constitution of the Republic of Azerbaijan, Article 104, paragraph 2.
  8. ↑ Constitution of the Republic of Azerbaijan, Article 104, paragraph 3.
  9. ↑ Constitution of the Republic of Azerbaijan, Article 86.
  10. ↑ Constitution of the Republic of Azerbaijan, Article 88.
  11. ↑ Constitution of the Republic of Azerbaijan, Article 128, paragraph 5.
  12. ^ Constitution of the Republic of Azerbaijan, Article 95.
  13. ↑ Decree of the President of the Republic of Azerbaijan on the 2002 referendum, No. 722, Baku 22.6.2002.
  14. ^ Constitution of the Republic of Azerbaijan, Article 154.
  15. ↑ Azərbaycan Respublikası Konstitusiya Məhkəməsi. Retrieved March 6, 2018 .
  16. ^ Federal Constitutional Court - Press - Visit to the Constitutional Court of Georgia and the Constitutional Court of the Republic of Azerbaijan. Retrieved March 6, 2018 .